On September 14, 2026, a U.S. District Court in Massachusetts issued a preliminary injunction postponing the effective date of the DHS Final Rule that would replace Duration of Status (D/S) with fixed admission periods and an Extension of Stay (EOS) process.
The court also enjoined DHS from taking further action to implement the Final Rule while the litigation continues.
The Final Rule will not take effect on September 15, 2026 as previously scheduled.
The existing D/S framework therefore remains in place for now. There is currently no new effective date for the Final Rule.
This court order is not a final decision on the underlying lawsuit. The litigation continues, and the court may take further action.
For now, students should continue following current F-1/J-1 requirements and guidance from their DSO, RO/ARO, and official government sources.
About this guide: The information below explains what the DHS Final Rule would change if it ultimately takes effect. It is provided for educational and planning purposes and should not be interpreted as current immigration requirements while implementation is paused.
Read the September 14, 2026 Federal Court Order
Last updated: September 14, 2026
Understanding the Final DHS Duration of Status Rule
What F-1 International Students and J-1 Exchange Visitors Need to Know Before September 15, 2026
Prepared by: ICAway (International Career Advisory, Inc.)
Version 1.4
Last Updated: September 2, 2026
This guide is provided for educational purposes only and does not constitute legal advice. ICAway is not authorized to provide legal advice or immigration representation. The content is based on publicly available information, including the DHS Final Rule, SEVP guidance, and professional educational resources available as of the publication date. Immigration requirements depend on each student’s individual circumstances and may change as additional agency guidance is issued. Students should rely on guidance from their Designated School Official (DSO), Responsible Officer (RO/ARO), and official DHS, USCIS, and SEVP resources before making immigration decisions.
First, understand your Admit Until Date (AUD)
Under the previous Duration of Status (D/S) system, many students focused primarily on their program end date shown on their Form I-20 or DS-2019.
Beginning September 15, 2026, students entering under the new rule should also become familiar with another important date:
Admit Until Date (AUD).
Your AUD appears on your Form I-94 after you enter the United States. It represents the period that U.S. Customs and Border Protection (CBP) authorizes you to remain in the United States under your current admission.
Understanding your AUD is important because many future immigration decisions—including whether you may eventually need an Extension of Stay (EOS)—will depend on this date.
Your international office can help you understand how your AUD relates to your academic program.
Next, understand EOS (Extension of Stay).
EOS isn’t a new immigration term, but under the Final DHS Rule, it has become one that every F-1 student, J-1 exchange visitor, and the advisors who support them should understand.
Under the Final DHS Rule, the long-standing Duration of Status (D/S) policy is being replaced with fixed admission periods. As a result, some students may need to apply for an Extension of Stay (EOS) or Form I-539 , depending on their individual circumstances.
Most students don’t need to make any immediate changes today. The best first step is simply understanding what the new rule means and planning ahead.
Don’t confuse the I‑20 with the I‑94.
Your Form I‑20 or DS‑2019 still documents your academic program. The new rule affects how long you are admitted to remain in the United States (shown on your Form I‑94), not how your school issues your academic documents.
🚗⛽🗺️ Think of it this way: the I‑20 is your academic roadmap, and the I‑94 is the timer on the trip. Mixing them up is like confusing your GPS with your car’s fuel gauge—both important, but only one tells you how far you can go before you need to check in again.
NOTE: Your AUD may be shorter than the program end date on your Form I-20 or DS-2019. For example, your admission may be limited by the expiration date of your passport. Always check your actual Form I-94 after entering or reentering the United States rather than assuming your AUD matches your I-20 or DS-2019 program end date.
Planning ahead can help reduce unnecessary paperwork, additional filing fees, and processing uncertainty.
This guide is designed to help you understand the new rule in plain language, recognize when EOS may become part of your academic journey, and make informed decisions with confidence.
Know. Understand. Prepare.
On July 17, 2026, DHS published the Final Rule ending the long-standing Duration of Status (D/S) policy for F-1 students, J-1 exchange visitors, and certain other nonimmigrants.
Beginning September 15, 2026, eligible students and exchange visitors will generally receive a fixed admission period instead of being admitted for “Duration of Status (D/S).” Students who expect to remain in the United States beyond their authorized admission period should discuss with their DSO (F-1) or RO/ARO (J-1) whether an Extension of Stay (EOS) application will be required.
For the first six months after September 15, 2026, DHS provides temporary relief so eligible students applying for post-completion OPT or STEM OPT do not need to file a separate Extension of Stay (EOS) application (Form I-539) for that OPT/STEM OPT period. This relief only applies if you are transitioning out of D/S — it does not apply to students who first enter under the new fixed-admission framework after September 15, 2026.
NOTE: A transition student who leaves the U.S. and reenters after September 15 is no longer on the transition track.
The Three Concepts Every Student Should Know
✔ Your Admit Until Date (AUD)
✔ Your Program End Date
✔ Whether you may eventually need an Extension of Stay (EOS)
Understanding how these three timelines work together will help you make informed academic and immigration decisions.
What’s New in the Final Rule?
Fixed admission period replaces D/S
Extension of Stay (EOS) may be required
F-1 grace period reduced to 30 days
Graduate transfer and educational objective restrictions
First-year undergraduate transfer limitation
OPT, STEM OPT, CPT, and Academic Training remain available
OPT/STEM OPT transition relief for D/S students (through March 18, 2027)
Rule scheduled to take effect September 15, 2026
While the Final Rule changes how students maintain lawful status, it does not eliminate many existing F-1 and J-1 benefits.
F-1 Students
F-1 status continues.
Curricular Practical Training (CPT) remains available. [In August 2026, SEVP released guidance with a stricter definition of the terms “integral” and “required.” Start with your ISSS/DSO, then consult your academic advisor, to understand how the guidance applies to your program and whether you may be eligible for CPT. Learn more from our blog: Beyond CPT: Keeping International Students Career-Ready in Uncertain Times ]
Optional Practical Training (OPT) remains available.
STEM OPT remains available.
J-1 Exchange Visitors
J-1 status continues.
Academic Training (AT) remains available for eligible J-1 students.
The rule provides a temporary transition provision for certain J-1 exchange visitors whose D/S status expires shortly after the effective date. Eligible participants may apply for an EOS and continue authorized activities based on the new DS-2019 while the EOS application is pending.
If you are… | Your immigration document | Your international advisor | Employment authorization |
F-1 Student | Form I-20 | Designated School Official (DSO) | CPT, OPT, STEM OPT |
J-1 Exchange Visitor (Student) | Form DS-2019 | Responsible Officer (RO) or Alternate Responsible Officer (ARO) | Academic Training (AT) |
🎓 English Language (ESL) Students
The final rule limits English language training students to an aggregate 24-month period of stay, including breaks and annual vacation.
🎓 Undergraduate Students
Pay attention if you plan to:
Under the final rule, undergraduate students generally must complete their first academic year at the institution that issued their initial Form I-20 before transferring schools or changing educational objectives, unless SEVP approves an exception.
Discuss any significant academic changes with your DSO (F-1) or RO/ARO (J-1) before making decisions.
🎓 Master’s Students
Pay attention if you plan to:
Under the Final Rule, graduate students generally may not transfer institutions or change educational objectives during their program unless SEVP approves an exception for extenuating circumstances.
Students considering dual degrees, additional graduate programs, or significant academic changes should consult their DSO or RO/ARO before making academic decisions. The rule specifies that if an F-1 student ends study or training earlier than expected, the student (and eligible dependents) generally have 30 days to depart or take action to maintain lawful status.
🎓 PhD Students
Pay attention if you plan to:
Because many doctoral programs extend beyond four years, PhD students are among those most likely to need one or more Extension of Stay (EOS) applications during their academic journey.
The rule specifies that if an F-1 student ends study or training earlier than expected, the student (and eligible dependents) generally have 30 days to depart or take action to maintain lawful status.
PhD students are more likely to:
Students planning post-graduation employment or training should begin discussing immigration timelines early with their DSO (F-1) or RO/ARO (J-1).
DHS’s preamble indicates that certain dual, joint, or combined programs must be identified and structured at the beginning rather than added as a mid-program change.
Topic | Final Rule |
Length of Stay | Fixed admission period |
Program Extension | Generally requires an Extension of Stay (EOS) application with USCIS, in addition to support from your DSO or RO/ARO. |
Maximum Admission | Up to the program length, not to exceed four years |
Grace Period* | F-1: 30 days J-1: 30 days |
Unlawful Presence | Begin after the authorized admission period expires |
*What is a grace period?
A grace period is a short period after you complete your academic program or authorized practical training during which you may remain in the United States to prepare for your next step, such as departing the country, transferring schools, or beginning another eligible program. It is not additional time to continue studying or working under your completed program. Under the Final Rule, the standard F-1 grace period is generally 30 days, compared with 60 days under the previous Duration of Status (D/S) system.
Note: Travel does not appear to provide a workaround to the new academic mobility restrictions. Students should not assume that leaving the United States and seeking reentry with a new Form I-20 will allow them to bypass restrictions on graduate-level transfers or changes in educational objectives.
One of the biggest questions students ask is whether they can still participate in CPT, OPT, STEM OPT, or Academic Training.
The answer is yes.
Employment Authorization | Will it still be available? | What’s changing? |
Curricular Practical Training (CPT) (F-1) | Yes | CPT is still available. Your DSO will continue to authorize CPT.
|
Optional Practical Training (OPT) (F-1) | Yes | OPT is still available. If your OPT extends beyond your authorized admission period, your international office will explain whether additional immigration steps are required. Students who are in the United States under Duration of Status (D/S) before September 15, 2026, may qualify for transition provisions, including temporary relief for eligible OPT and STEM OPT applicants who file on or before March 18, 2027 Easy Memory Rule
Know your completion date → Talk to your DSO → File on time. Important Timing Change Under the Final Rule, the latest you can file post‑completion OPT is 30 days after your program completion date (not 60 days anymore). To avoid stress, file as early as 90 days before your program completion date. |
STEM OPT Extension (F-1) | Yes | STEM OPT eligibility has not changed. The existing 180-day automatic extension of employment authorization for a timely filed STEM OPT application remains in place, and H-1B cap-gap protections continue unchanged. Under the new DHS Final Rule, some students may also need to file an Extension of Stay (EOS) (Form I-539), depending on their Admit Until Date (AUD) and individual circumstances. If you need to remain in F-1 status beyond your Admit Until Date (AUD), your international office can help you understand any additional immigration requirements that may apply. !!Important!! The 180-day employment authorization extension is different from the student’s immigration stay. An automatic extension of employment authorization does not necessarily mean that your authorized period of stay has also been extended. Your immigration status and employment authorization are related but separate issues. |
Academic Training (AT) (J-1) | Yes | Academic Training remains available. If your exchange program extends beyond your authorized admission period, work with your RO/ARO to determine what additional immigration steps are required. |
Please note that during the first six months after the rule becomes effective, DHS provides temporary transition procedures for certain students applying for post-completion OPT or STEM OPT while institutions and USCIS transition to the new Extension of Stay process.
Before you travel, weigh the opportunity of the trip against the potential impact on your AUD, EOS requirements, and OPT timeline.
If you plan to travel outside the United States after September 15, 2026:
Because implementation guidance continues to evolve, discuss travel plans with your international office before making decisions that could affect your immigration timeline.
Travel → Reentry → Check your I-94 → Confirm your AUD
After every international reentry: Check your most recent Form I-94 and confirm your Admit Until Date (AUD). Do not rely solely on the program end date on your I-20 or DS-2019.
Travel can change which rules apply to you.
If you are in the United States under the transition provisions and leave the United States, your reentry on or after September 15, 2026 may place you under the new fixed-admission framework. Your new I-94 and AUD will control your authorized period of stay.
Don’t panic.
The rule does not eliminate:
Continue following your current immigration requirements. Before the effective date, watch for updates from your international office explaining how your institution will implement the new rule.
Stay informed.
Read communications from your university’s international office and rely on trusted sources for updates.
Plan ahead.
If you expect to need additional time to complete your program or are approaching graduation, schedule a meeting with your DSO (F-1) or RO/ARO (J-1) as early as possible.
Questions about your situation?
Every student’s circumstances are unique. Your Designated School Official (DSO) or Responsible Officer (RO/ARO) is your best resource for guidance specific to your academic and immigration timeline.
As of July 2026, several implementation details are still evolving:
The Final Rule makes immigration, academic, and career planning more interconnected than ever. Students who understand their Admit Until Date (AUD), monitor important immigration deadlines, map out their academic pathway early, and stay in consistent communication with their international office will be far better positioned to make informed decisions throughout their educational journey.
Because transferring schools, changing educational objectives, extending a program, traveling internationally, or preparing for OPT may now involve additional requirements or timing considerations, students should plan their academic, career, and immigration timelines early. Thoughtful, proactive planning with your academic advisor, career services, and international office can help you anticipate requirements and reduce the need for significant changes later.
Remember: Your academic program has not changed. What has changed is how your permission to remain in the United States is managed. Under the Final Rule, successful students will need to think about their academic timeline, career plans, and immigration timeline together—not as separate decisions.
✅ Yes. The Final Rule does not eliminate OPT. If you qualify for OPT and maintain your F-1 status, you may continue to participate. If your authorized admission period ends before or during OPT, your international office will help determine what additional immigration steps, including an EOS, may be required.
Don’t forget: Under the Final Rule, the standard F-1 grace period is generally 30 days after completing your program or authorized practical training, rather than 60 days for students entering under the new framework.
OPT timing depends on your admission status and transition rules. Students subject to the new fixed-admission rules may have as little as 30 days after program completion to file. However, depending on your specific case, you may need to apply before your program end date. Check with your DSO.
Usually yes, but new restrictions apply.
No. Most students who complete their academic or exchange program within their authorized admission period are not expected to need an EOS. Students who need additional time should discuss their options with their DSO or RO/ARO.
Effective September 15, 2026.
Any student arriving in the United States on or after September 15, 2026, will be immediately subject to the new rule and will receive a fixed Admit Until Date (AUD) on their Form I-94.
Yes. The Final Rule applies after it becomes effective, but exactly how it applies depends on your individual circumstances, including when you entered the United States, whether you travel internationally after the effective date, and your academic plans. Your DSO or RO/ARO can help you understand how the transition provisions apply to your situation.
The Final Rule does not prohibit international travel. However, if you are approaching program completion or planning to apply for OPT, travel may create additional immigration and timing considerations.
Before traveling, weigh the opportunity or need to travel against the potential impact on your AUD and future OPT plans.
If you leave the United States and reenter on or after September 15, 2026, you will generally be admitted under the new fixed admission framework rather than D/S. Your new Authorized Until Date (AUD) will generally be based on your Form I-20 or DS-2019 program end date, subject to the maximum admission period allowed under the rule.
This matters if you are approaching OPT. Depending on your individual circumstances, your new AUD may not provide enough time for your planned period of stay, and you may need to consider an Extension of Stay (EOS). If EOS is required, USCIS processing time could affect the timing of your OPT authorization.
Ask yourself:
Do I really need to travel now, or can the trip wait until my immigration timeline is clearer?
Before making international travel plans, discuss with your DSO:
Travel is possible. But if you are close to graduation, don’t look at travel only as a travel decision — look at it as an immigration-timeline decision.
Travel does not appear to provide a workaround to the new academic mobility restrictions. Students should not assume that leaving the United States and seeking reentry with a new Form I-20 will allow them to bypass restrictions on graduate-level transfers or changes in educational objectives.
If you would like to support NAFSA’s advocacy efforts, you can also encourage Congress to advance legislation that would permanently protect Duration of Status in immigration law and reject the rule before implementation.
This guide is based on:
I’m the founder of ICAway, where we help universities align their efforts to better support international student career success.
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